Decided on May 09,2007

STATE Respondents


P.K.BHASIN, J - (1.) These two appeals have been filed by the two appellants challenging their conviction under Sections 120-B IPC, 452/120-B, 392/120-B and 302/120-B IPC by the Additional Sessions Judge, Delhi vide his judgment dated 07-09-1999 in Sessions Case No. 1/98 arising out of FIR NO. 168/95 registered at Preet Vihar police station. They have also challenged the order dated 21-01-99 whereby both of them had been awarded different sentences for each of the offences of which they were found guilty. Since both the appeals arose out of the same judgment of the trial Court and were heard also together we are disposing of the same by a common judgment.
(2.) The facts leading to the conviction of the two appellants are like this: On 06-07-95 a robbery took place at house No. B-97, Swasthya Vihar, Delhi during the day time and while committing the robbery the robbers killed an old couple who was present in the house. That couple was living in the house along with their son (PW-1 Kishan Lal Chawla, who is a businessman and the complainant of this case). On the fateful day the wife of the complainant(PW-6 Chanchal Chawla) had gone to her parents house in Pahar Ganj because of the death of her father some days back. The complainant's mother was also supposed to go to the house of the parents of her daughter-in-law at about 4 p.m. that day to offer condolence to the bereaved family. However, when she did not reach Pahar Ganj the complainant's wife telephoned him that his mother had not reached Pahar Ganj. Thereafter the complainant sent his driver (PW-3 Bishan Singh) to his house with the van for taking his mother to Pahar Ganj. The driver on reaching the house of the complainant telephoned him and informed him that some tragedy had taken place and he should reach there immediately. The complainant being busy with his customers he sent his son Ashish (PW-2), who was also with him at that time in his factory at Vishwas Nagar, to their house. Ashish on reaching the house found his grand parents lying dead with a piece of cloth tied on their mouths. He thereafter informed his father about the death of his grand parents and on getting that information the complainant also reached his house alongwith his employee PW-5 Narain Singh and then informed the police. Inspector Gurcharan Singh(PW-32), who was the SHO of Preet Vihar police station those days, on getting the information regarding the murder reached the place of occurrence and recorded the statement of the complainant Krishan Lal Chawla(Ex. PW-1/A) wherein he narrated the afore-said facts. Since at that time complainant's wife was not at home he had told the investigating officer that he would submit the list of missing articles after his wife would come and would check up the articles. On the basis of that statement of the complainant Inspector Gurcharan Singh got registered the FIR of this case under Section 302 IPC. He also conducted inquest proceedings at the spot and sent the two dead bodies to the mortuary for post-mortem examination. In the meantime on the arrival of the complainant's wife a list of missing articles was prepared and handed over to the investigating officer. From the place of occurrence the investigating officer seized some pieces of electric wire which were lying near the feet of the deceased Hari Chand Chawla. At that time the investigating officer had also noticed that a piece of dhoti cloth had been tied around the mouth of the deceased Hari Chand Chawla and another cloth piece had been gagged into his mouth.
(3.) As per the further prosecution case appellant - accused Keshav Tyagi was an employee of the complainant in his Company for more than five years prior to this incident. It appears that during the investigation the involvement of Keshav Tyagi in the incident was suspected and he was arrested on 13-07-95. He made a disclosure statement while in police custody and pursuant thereto he got recovered one piece of old dhoti(Ex. P-10) from the dickey of a scooter which was lying parked outside the complainant's office and which was provided to him by the complainant. As per the prosecution case that piece of dhoti was later on linked with the piece of dhoti which the investigating officer had removed from the mouth of the deceased Hari Chand Chawla. Keshav Tyagi then took the police party to a house in Durga Puri where he used to live in a rented room. That room was found bolted from inside and when Keshav Tyagi knocked at the door one Shaukeen @ Jugnu opened the door. He had also been named by Keshav Tyagi as his associate in the crimes. Keshav Tyagi picked up one attache case which was kept inside that room and it contained one piece of old dhoti(Ex. P-5) kept in a pant pocket. That was seized. Keshav Tyagi also produced a bag (Ex. P-2) containing 35 silver coins(Ex. P-3/1-22 and P-4/1-13) which bag and coins the complainant who was also present there at that time claimed to be belonging to him. The same were sealed and seized vide memo Ex. PW-1/J-2. At the time of personal search of Shaukeen one ladies wrist watch(Ex. P-6) of RENO make was recovered. The complainant identified that watch also to be belonging to his wife. Earlier in the night of incident he had mentioned about theft of silver coins and of this watch also in the list of missing articles, Ex. PW-1/B, given by him to the investigating officer. Shoukeen was also then arrested. On 14/7/95 accused Keshab Tyagi and Shaukeen took the police team to the shop of PW-8 from whom they had purchased three meters of red and blue coloured electric wire on the day of the incident. PW-8 identified them to be the persons who alongwith one more person had purchased wire from his shop. Since similar wire was still available in his shop PW-8 gave one meter of that wire from the same roll from which he had given to the accused to the investigating officer. As per the prosecution case when the wire pieces which were seized from the place of occurrence and the wire piece which PW-8 had given to the police on 14/7/95 were sent to CFSL and examined there all the three pieces were found to be of same diameter and physical characteristics etc. which confirmed the involvement of both these accused(the appellants herein) in the incident of robbery and murder. On 15-7-1995 the police team along with the two appellants went to the house of Keshav Tyagi in Kharkhoda village in Uttar Pradesh from where he got recovered Rs.5,000/-, one ladies Rolex watch and one locker key. It is also the prosecution case that on the basis of the information given by Keshav Tyagi and Shaukeen one Sunil Sharma and his mother Prakasho Devi (both of whom were also tried with the two appellants but were convicted only under Section 411 IPC) were also arrested and from their possession also part of the stolen articles belonging to the complainant were recovered. Some stolen articles were also recovered from one Ashok Tyagi who has, however, been acquitted by the trial Court.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.